OSP can arrest any person without a warrant - OSP issues public notice

OSP can arrest any person without a warrant - OSP issues public notice

The general public is advised, that in the exercise of its police powers, the Office of the Special Prosecutor (OSP) can arrest without a warrant.

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In a reaction to an injunction placed on the OSP by the Human Rights Division of the High Court in Accra on Thursday, which seeks to prevent the office from arresting Charles Bissue, a former Secretary of the defunct Inter Ministerial Committee on Illegal Mining (IMCIM), the OSP in a public notice moments after the court injunction stated:

"The general public is advised, that in exercise of its police powers, the Office of the Special Prosecutor can arrest without a warrant, any person it reasonably suspects of having committed corruption or corruption-related offences."

The interim injunction, which will be in force for 10 days followed an application filed by lawyers of Mr Bissue. 

In a related development, the OSP has explained the need to declare a person wanted when the person is already within the jurisdiction.

"Some people have asked; why declare a person wanted when that person is in country?" the OSP stated in another public notice on Wednesday (June 14, 2023.)

"A person will be declared wanted by OSP if that person refuses to attend to OSP upon being summoned repeatedly.

"When you are declared wanted it means you may be arrested anytime you are spotted with or without warrant.

"It’s not in all cases that law enforcement agencies must arrest with a warrant. You can arrest without a warrant under section 10(2) of Act 30.

"If OSP or any law enforcement agency has information that you are outside the country although wanted, they issue Interpol Red alert notice.

"The fact that OSP did not go to Interpol means it is well aware that the suspect is in Ghana but has refused to avail him or herself.

Interim injunction

Graphic Online's Emmanuel Ebo Hawkson reported that in court on Thursday [June 15], the High Court, presided over by Justice Nicholas Abodakpi granted the interim injunction to restrain the OSP from executing an arrest warrant against Mr Bissue, publishing notice declaring him as wanted and applying for further warrant of arrest within the 10 day period.

Hearing of the substantive case continues on June 22, 2023.

Notice 

The OSP  is investigating Mr Bissue and others involved in the activities of the IMCIM, over alleged corruption and corruption related activities relating to illegal mining.

Last Tuesday, the OSP issued a notice declaring Mr Bissue wanted following his failure to appear before the OSP for interrogation.

Mr Bissue is challenging the investigations by the OSP on the basis that he had already been exonerated by the Criminal Investigations Department of the Police Service over the same alleged corruption case.

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